SRI. SAJEESH.K.P : MEMBER
The Complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019 seeking direction against the OPs to give compensation of Rs.25,000/- to the complainant for the non delivery of ornaments to the specified address.
The complainant in brief is that on 14/7/2020, complainant had purchased ornaments of worth Rs.19970/- from Choice Gold Tirur Ponnu at S.M.Road Kannur. On the very same day the articles specified in Ext.A1 was sent through OP’s service centre to a customer sides at Ernakulam. But the said sent articles was not received after 2 days of sending date. The OP told to complainant that it was already delivered t the concerned address. When the articles was not delivered even after expiry of another couple of days, complainant went to OP’s courier service centre and enquired about it and he demanded his articles back. The employees of OP’s shop misbehaved towards complainant. Hence this complaint.
After filing the complaint, notice was issued to OP that notice was deemed as duly to OP. The Op has not appeared before the commission and not filed any version. Ultimately the commission had to hold that the OP has no version as such in this case and this case came to be proceed against the OP as set exparte.
Even though, the OP has remained exparte, it is for the complainant to establish the allegation made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant produce his documents and marked as Exts.A1 & A2. The chief affidavit was filed by complainant and complainant examined as PW1.
On the perusal of evidence adduced by PW1 and his documents. Ext.A1 the bill issued by Choice gold dtd.14/7/2020 which shows the particulars of articles and its price and Ext.A2 is the consignment receipt issued by OP proves his averments in the complaint. On the basis of this available evidence the commission came into the conclusion that there is deficiency in service from the part of Op as they failed to performed their contract between complainant and OP by not delivering articles specified in Ext.A1. Hence the complaint is allowed in part.
In the result the opposite party is directed to pay Rs.20,000/- to complainant as compensation towards the deficiency of service happened from the side of opposite party. This order to be complied by the opposite party within 30 days of receipt of the order, failing which the complainant shall be at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts:
A1- Bill issued by Choice gold
A2-printed copy of consignment receipt.
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
SENIOR SUPERINTENDENT
